MIAMI — A Virginia company is suing a Florida equipment reseller, alleging breach of contract, breach of implied warranty, conversion, civil conspiracy, and fraud.
DGBD LLC of Alexandria, Virginia, filed a lawsuit Dec. 20 in U.S. District Court for the Southern District of Florida against Samuel Lehrer, individually and doing business as Sales-Cosmedical Lasers, and Juan Osorio, alleging failure to perform duties and obligations under a purchase agreement.
According to the complaint, in March DGBD contracted Sales-Cosmedical to purchase used cosmetic laser machines for $60,000. However, the suit says, three of the four machines were incomplete or damaged when they reached the plaintiff, while the fourth piece of equipment was never delivered.
Moreover, the lawsuit states, the defendant refused to fulfill its obligations under contract, including forwarding the plaintiff's counsel with a fraudulent copy of the purchase agreement. Instead, the suit alleges, the defendants sent threatening, extortive and false e-mails to an employee of the plaintiff's, which caused the plaintiff to suffer monetary injuries to its business and reputation.
The plaintiff alleges the defendants failed and refused to return the $60,000 paid by DGBD, caused the plaintiff to be evicted from its business location due to the inability to treat clients without any functioning cosmetic laser machines, caused the plaintiff to purchase functioning equipment to stop further damage to its business, and coerced an employee of the plaintiff's into a settlement on the defendants' terms under threat of character assassination.
DGBD seeks trial by jury, compensatory damages of more than $75,000, consequential damages, interest, attorney fees, court costs and all relief the court deems just. It is represented by attorney Tina El Fadel of K/S Attorneys at Law in Boca Raton, Florida.
U.S. District Court for the Southern District of Florida Case number 16-cv-25263